Legal and Privacy Policy

1.You should carefully read the following Terms of Use. Your use of our website indicates your acceptance of these Terms of Use.

2.LICENSE

A.License. Our website grants you a nonexclusive, limited license to use the content and tools posted throughout our website in accordance with these Terms of Use.

B.Modifications. You are not authorized to make any modifications to our website for any purpose.

C.Unauthorized Use. You may not record or duplicate any of our website content, modified or unmodified, on a diskette, CD, website or any other medium except for your use in accordance with these Terms of Use. Resale and redistribution of website content is expressly prohibited unless authorized in writing by us.

D.Assignability. You may not sub-license, assign or transfer this license to anyone else without prior written consent from us.

E.Ownership. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All website content is our property. All other product names are trademarks or service marks of their respective owners.

3.NO WARRANTIES

THE INFORMATION AND DOCUMENTS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (A) ANY INFORMATION OR DOCUMENTS PROVIDED ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (B) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (C) ANY INCORRECTNESS, INACCURACY, UNRELIABILITY OR INCOMPLETENESS OF INFORMATION OR DOCUMENTS OR INTERRUPTION OR ERROR IN FUNCTIONS ON THIS WEBSITE WILL BE REMEDIED; OR (D) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your sole responsibility to take steps to protect yourself against any viruses or other harmful components that may be present or communicated through this website.

4.LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, WE SHALL NOT BE LIABLE TO ANY PERSONS, WHETHER SINGLY OR TOGETHER, FOR CLAIMS, COSTS, DAMAGES OR LIABILITIES BASED ON ANY CAUSE WHATSOEVER AND ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. IN NO EVENT SHALL WE BE LIABLE TO ANYONE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE.

5.USE OF WEBSITE

All federal, state and local laws are applicable to any actions taken by you on this website. As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use, applicable law or otherwise. You may not use this website in any manner that could damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. You understand that using this website for an illegal purpose will result in termination of your right of access.

6.THIRD-PARTY SITES

Our website may contain links to third party sites. Access to any other Internet site linked to this website is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement.

7.ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of our website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to prosecution.

8.GOVERNING LAW

These Terms of Use, and all questions arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without giving effect to the conflict of laws provisions thereof.

9.DISPUTES

Any dispute, controversy or claim arising out of or relating to your use of this website or these Terms of Use shall be resolved by arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator selected by the parties or, if they cannot agree, by a single arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted in English, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, in the State of New Hampshire, provided that no arbitration shall be authorized to award primitive damages. The decision of the arbitrator shall be binding and enforceable by any court in the State of Delaware, and you hereby consent to the personal jurisdiction of any New Hampshire court for that purpose. The expense of the arbitration (excluding each party’s own attorneys’ fees, costs and related expenses) shall initially be paid in equal shares by each side, but the total of such expenses plus any award of attorneys’ fees, expenses and costs shall finally be paid by the parties as the arbitrator determines. Nothing in this Section shall preclude us from seeking provisional or equitable relief from any appropriate court to protect our rights prior to, pending or in lieu of such arbitration proceedings.

10.SEVERABILITY

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision of these Terms of Use.

11.ENTIRE AGREEMENT

These Terms of Use constitute the entire Agreement between you and us with respect to the use of this website and supersede all previous and contemporaneous representations, negotiations, writings and understandings, if any, relating to such subject matter. These Terms of Use may not be amended or modified except by us, which we may do at any time without prior notice by posting a change to this website.

We are committed to safeguarding the privacy of our website visitors. This policy sets out how we handle personal information obtained through our website.

1.WHAT INFORMATION DO WE COLLECT?

We may collect, store and use the following kinds of personal data:

A.information about your visits to and use of this website; and

B.information, such as your name, login identifier, password, email address, postal address, telephone number, company affiliation and any other information that you provide to us for the purpose of registering with us and/or subscribing to our website services and/or email notifications.

2.INFORMATION ABOUT WEBSITE VISITS

We may collect information about your computer and your visits to this website, such as your IP address, geographical location, browser type, referral source, length of visit, number of page views, and document downloads. We may use this information in the administration of this website, to improve the website’s usability and for internal analytical or marketing purposes, but we do not use this information to contact you.

We use cookies on this website. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may send a cookie, which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for internal analytical or marketing purposes, but we do not use this information to contact you. We may also use this information to recognize your computer when you visit our website and to tailor our website to display information that we believe will be of particular interest to you.

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools,” “Internet Options,” “Privacy,” and selecting “Block all cookies” using the sliding selector.) Disabling cookies will, however, have a negative impact upon the usability of many websites, including this one, and may prevent you from viewing some of the content on our website.

3.USING YOUR PERSONAL DATA

Personal data submitted on this website will be used for the purposes specified in this privacy policy or as described on the website when the information is requested.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to:

A.improve your browsing experience by personalizing the website;

B.send information (other than marketing communications) to you which we think may be of interest to you by post or by email or similar technology;

C.send to you marketing communications relating to our business, or the businesses of third parties, that we think may be of interest to you by post or by email or similar technology; and

D.provide other companies with statistical information about our user community, although this information will not identify any individual user.

We will not, without your express consent, provide personally identifiable information about you to any third parties for the purpose of direct marketing by or on behalf of such third parties.

4.OTHER DISCLOSURES

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

A.to the extent that we are required to do so by law;

B.in connection with any legal proceedings or prospective legal proceedings;

C.in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

D.to the purchaser or seller (or prospective purchaser or seller) of our company or any business or asset that we are (or are contemplating) selling or purchasing, or to our legal successor in a corporate reorganization.

5.INTERNATIONAL DATA TRANSFERS

Information that we collect may be stored and processed in and transferred among any of the countries in which we sell our products in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Union, information that you provide may be maintained in or transferred to countries (including the United States) that do not have data protection laws equivalent to those in force in the European Union. This website and all information collected through this website is hosted and maintained in the United States.

6.SECURITY OF YOUR PERSONAL DATA

We take precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the Internet is not absolutely secure, and we cannot guarantee the security of data sent over the Internet.

We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to view any changes in our practices. We may also notify you of changes to our privacy policy by email or by posting an announcement on our website.

8.YOUR RIGHTS

You may instruct us to provide you with any personal information we hold about you. You may request corrections or updates to your personal information by sending a request to us at one of the addresses provided below. If you wish to decline to permit us to disclose your information for third parties’ marketing purposes or to stop receiving communications from us, you may do so by sending an opt out request clearly describing the scope of your request to our webmaster or by editing your account. If we cannot honor your specific or limited opt out request, we may comply with your request by closing your account with us. Opt out requests might not affect the use of information that we disclose before ten (10) days after we receive your request.

YOUR CALIFORNIA PRIVACY RIGHTS. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via email or write us at the postal address below.

9.THIRD PARTY WEBSITES

The website contains links to other websites. This privacy policy does not apply to sites other than our website, and we are not responsible for the privacy policies of third party websites.

10.CONTACT

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email or by postal mail to: